govinfo:USCOURTS-akd-4_24-cr-00019-4

1 
 
IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF ALASKA 
 
United States of America v. George Moises Romero, Jr. 
Case No. 4:24-cr-00019-TMB 
 
 
By:   THE HONORABLE TIMOTHY M. BURGESS 
 
 
PROCEEDINGS: ORDER FROM CHAMBERS 
 
This matter comes before the Court on Defendant George Moises Romero, Jr.’s Motion for 
Clarification (the “Motion”) regarding the Court’s Order at Docket 177. 1 The United States (the 
“Government”) responded to the Motion.2 For then reasons discussed below, the Court GRANTS 
the Motion.  
 
The Court’s analysis at Docket 177, regarding the constitutionality of laws disarming violent 
felons, applies to both 18 U.S.C. §§ 922(g)(1) and 931(a)(1). The Second Amendment protects the 
right of individuals to keep and bear arms  and “extends, prima facie , to all instruments that 
constitute bearable arms, even those that were not in existence at the time of the founding.” 3 It is 
not clear whether body armor constitutes “arms” as used in the  Second Amendment. However, 
even assuming that “body armor” is analogous to a firearm,  District of Columbia v. 
Heller concluded that Second Amendment protections should not “be taken to cast doubt on 
longstanding prohibitions on the possession of firearms by felons.” 4 As explained in the Court’s 
Order at Docket 177, the Supreme Court was careful to preserve Heller in New York State Rifle & 
Pistol Ass’n, Inc. v. Bruen.5   
 
Therefore, the Court GRANTS the Motion. However, for the reasons already stated in its Order 
at Docket 177, confirms that the Court ACCEPTS and ADOPTS  the Final Report and 
Recommendation of the Magistrate Judge at Docket 164 in its entirety and DENIES the Motion 
to Dismiss at Docket 102. 
 
Entered at the direction of the Honorable Timothy M. Burgess, United States District Judge. 
 
DATE: March 30, 2025.  
 
1 Dkt. 189 (Motion for Clarification).  
2 Dkt 195 (Supplement to Opposition to Defendant’s Motion to Dismiss).  
3 D.C. v. Heller, 554 U.S. 570, 582 (2008). 
4 Id. at 626. 
5See 597 U.S. 1 at 17 (2022). 
Case 4:24-cr-00019-TMB-SAO     Document 199     Filed 03/30/25     Page 1 of 1

Passage view · GavelSight